APHC010222432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15347 OF 2025 Between: Vijaya Bharathi Marines, Rep., by its Managing Partner, P. Nirmal Chandu, S/o Someswara Rao R/o Anjaneyaswamy, Recharla peta, Kakinada (urban). East Godavari District- 533001. ...Petitioner AND 1. Union of India, Represented by its Secretary, Department of Ministry of Labour and Employment, New Delhi 2. Employees State Insurance Corporation (ESIC), Rep by its Revenue Recovery Officer, Regional Office, Panchadeep Bhawan, ESIC Road Gunadala, Vijayawada, Krishna District - 520004 3. Employees State Insurance Corporation (ESIC), Rep by its Assistant Director, Regional Office, Panchadeep Bhawan, ESIC Road Gunadala Vijayawada, Krishna District - 520004 4. Employees State Insurance Corporation (ESIC), Rep by its Regional Director, Regional Office, Panchadeep Bhawan, ESIC Road Gunadala Vijayawada, Krishna District - 520004 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus to declare the action of the Respondents in issuing orders under Section 45A of the ESI Act, 1948 for the recovery of amount Rs. 5,35,920/- for the period from 01.10.2019 to 31.07.2024 to the Petitioner vide Orders dated 07.11.2024 in Order No. 62/AP/RO/VJA/INS- 111/62000320600000999 passed by the Respondent No. 2 and further issuing demand 62/Ap/RoA/JA/INS- III/62000320600000999/CP/644918 dated 03.02.2025 as arbitrary, incorrect, and unlawful, and consequently set aside the Order No. 62/AP/RO/VJA/INS- 111/62000320600000999 dated 07.11.2024 passed by the Respondent No. 2. notice vide Ref. No. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to proceed for recovery of amounts from the petitioner in view of the Order No. 62/AP/ROA/JA/INS-III/62000320600000999 under Section 45A of ESI Act, dated 07.11.2024 passed by the Respondent No. 2 pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI Y SATHYENDRA REPRESENTING SRI K V ADITYA CHOWDARY Counsel for the Respondent No.1: SRI PASALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) Counsel for the Respondent Nos. 2 to 4: SRI V CH NAIDU (SC FOR ESIC) The Court made the following order: APHC010222432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15347/2025 Between: 1.VIJAYA BHARATHI MARINES, REP., BY ITS MANAGING PARTNER, P. NIRMAL CHANDU, S/0 SOMESWARA RAO R/0 ANJANEYASWAMY, RECHARLA PETA, KAKINADA (URBAN). EAST GODAVARI DISTRICT- 533001. ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI 2.EMPLOYEES STATE INSURANCE CORPORATION ESIC, REP BY ITS REVENUE RECOVERY OFFICER, REGIONAL OFFICE, PANCHADEEP BHAWAN, ESIC ROAD GUNADALA, VIJAYAWADA, KRISHNA DISTRICT - 520004 3. EMPLOYEES STATE INSURANCE CORPORATION ESIC, REP BY ITS ASSISTANT DIRECTOR, REGIONAL OFFICE, PANCHADEEP BHAWAN, ESIC ROAD GUNADALA VIJAYAWADA, KRISHNA DISTRICT - 520004 4.EMPLOYEES STATE INSURANCE CORPORATIONESIC, REP BY ITS REGIONAL DIRECTOR, REGIONAL OFFICE, PANCHADEEP BHAWAN, ESIC ROAD GUNADALA VIJAYAWADA, KRISHNA DISTRICT - 520004 ...RESPONDENT(S): ff Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may ^ '"“'■e particularly one in the nature of Writ of mandamus to declare the action of the Respondents in issuing orders under Section 45A of the ESI Act, 1948 for the recovery of amount Rs.5,35,920/- for the period from 01.10.2019 to 31 07 2024 to the Petitioner vide Orders dated 07.11.2024 in Order No. 62/AP/RO/VJA/INS 111/62000320600000999 passed by the Respondent No. fa^ Zt issuing demand notice vide Ref. No. 62/Ap/RoA/JA/INS III/62000320600000999/CP/644918 dated 03.02.2025 as ZZrv and consequently set aside the Order No’ 62/AP/ROA/JA/INS-III/62000320600000999 dated 07.11.2024 passed bv the Respondent No. 2 and ^ pass lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased Pleased to direct the Respondents not to proceed for recovery of amounts from the petitioner in view of the Order No 62/AP/ROA/J 111/62000320600000999 under Section 45A A/I NS- of ESI Act, dated 07.11.2024 passed by the Respondent No. 2 pending disposal of the petition in the interest of justice and pass above writ Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. The Court made the following: ORDER Heard Sri Y.Sathyendra, learned counsel Chowdary, learned counsel for the petitioner and Sri V.Ch.Naidu, learned standing counsel for the respondents 2 to 4. representing Sri K.V.Aditya 2. The above writ petition has been filed impugning the proceedings vide No:62/AP/ROA/JA/INA-l 11/62000320600000999 dated 07.11.2024 under Section 45-A of the tmployees' State Insurance Act, 1948 (for short “ESI Act”). At the time of hearing, Sri V.Ch.Naidu, learned standing counsel for the respondents 2 to 4, would submit that against the order passed under Section 45-A of the ESI Act, a statutory appeal would lie under Section 45- A (a) of the ESI Act. 3. 4. In reply, learned counsel for the petitioner would submit that the petitioner will avail of the remedy under Section 45-AA of the ESI Act. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both counsel, giving liberty to the petitioner to file a statutory appeal under Section 45-AA of the ESI Act before the appellate authority. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SDI- H NAGAMMA J ASSISTANT REGISTRY ! //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Department of Ministry of Labour and Employment, New Delhi 2. The Revenue Recovery Officer, Employees State Insurance Corporation ESIC, Regional Office, Panchadeep Bhawan, ESIC Road Gunadala, Vijayawada, Krishna District - 520004 3. The Assistant Director, Employees State Insurance Corporation ESIC, Regional Office, Panchadeep Bhawan, ESIC Road Gunadala Vijayawada, Krishna District - 520004 4. The Regional Director, Employees State Insurance CorporationESIC, Regional Office, Panchadeep Bhawan. ESIC Road Gunadala Viiavawada, Krishna District - 520004 5. One CC to Sri K V Aditya Chowdary, Advocate [OPUC] 6. One CC to Sri V Ch Naidu (SC for ESIC) Advocate [OPUC] 7. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of Andhra Pradesh. [OPUC] 8. Two CD Copies TF --■f HIGH COURT DATED;01/07/2025 ORDER WP NO. 15347 OF 2025 disposing of the w.p. at the stage ADMISSION, WITHOUT COSTS OF